Did you sustain a brain injury in an accident caused by someone else? With the help of a Long Island personal injury lawyer, you can take legal action, pursue compensation against the at-fault parties, and seek justice in your case.
With Chaikin Trial Group Personal Injury Lawyers by your side, you’ll receive help from attorneys who have 50 years of combined experience. Together, we have recovered $100 million on behalf of our clients.
As your Long Island brain injury lawyer, we will look into the details surrounding the incident, collect important evidence, negotiate with insurance companies for you, and fight for a fair outcome in your case. Come in as a client, leave as a friend.
Understanding Brain Injury Claims in New York
Brain injury cases can be complicated, especially because they require your lawyer to prove more than just the fact that you sustained an injury.
You also have to indicate that another person’s or party’s actions not only caused the incident but also bear responsibility for the harm you experienced. This is why many brain injury claims are rooted in negligence.
According to New York personal injury laws, negligence is the result of situations where someone fails to act with reasonable care and causes harm to another person as a result. Here’s what a successful claim requires your attorneys to prove:
- Someone owed you a duty of care
- That person or company failed to meet that duty
- The failure caused your accident
- The accident caused your injuries and losses
New York also follows a pure comparative negligence rule. This means that even if you are found partially responsible for the accident, you may still be able to recover compensation. However, your damages may be reduced by the percentage of fault that is assigned to you.
For example, a driver who causes a collision because of reckless behavior may be responsible for resulting injuries. A property owner who fails to correct dangerous conditions may be liable if someone suffers a brain injury after a fall.
A construction company or contractor may be responsible when unsafe practices lead to a serious accident. With a brain injury attorney in Long Island by your side, you’ll have someone who can determine how the law applies to your specific situation.
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Why Brain Injury Cases Are Sometimes Difficult to Prove
One of the biggest challenges with brain injury claims is that the injury is not always obvious. Someone may look healthy after an accident while dealing with serious symptoms behind the scenes.
As brain injury awareness expands, professionals continue to learn more about how brain injuries can affect memory, concentration, emotions, communication, and the ability to complete everyday tasks. These are more examples of what victims often experience:
- Headaches
- Dizziness
- Confusion
- Memory problems
- Difficulty concentrating
- Mood changes
- Fatigue
- Problems returning to work
- Changes in relationships or daily routines
Insurance companies may use the invisible nature of brain injuries to challenge claims. They may argue that the injury is not serious because there are no visible signs, or they may suggest that symptoms are caused by something unrelated.
A brain injury attorney in Long Island will understand how to address these arguments by presenting medical evidence and showing how the injury has affected your life.
Common Causes of Brain Injuries in Long Island
Brain injuries can occur in many different situations. The circumstances surrounding the accident often determine who may be legally responsible and what type of claim should be pursued. These are common causes of brain injuries:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Falls caused by unsafe property conditions
- Defective products
- Workplace accidents involving third parties
Long Island communities include busy roadways, commercial properties, construction sites, and workplaces where safety failures can lead to devastating injuries. A lawyer investigates the cause of the accident and looks at every possible source of liability.
For example, a vehicle accident may involve a negligent driver, a commercial vehicle company, or a manufacturer if a defective part contributed to the crash. A construction accident may involve a property owner, contractor, subcontractor, or equipment manufacturer.
In certain situations, New York Labor Law may provide additional protections for construction workers who are injured due to unsafe conditions. The sooner you call a TBI attorney in Long Island, the more information you can receive regarding how laws will affect your case.
How Long Island Brain Injury Lawyers Investigate These Cases
Building a successful brain injury claim requires a detailed investigation. Evidence can become harder to obtain as time passes. Accident scenes may change, witnesses may become difficult to locate, and important records may not be preserved without quick action.
Long Island brain injury attorneys can help by collecting and reviewing evidence:
- Accident reports
- Medical records
- Emergency room documentation
- Imaging results
- Neurological evaluations
- Witness statements
- Photos and videos
- Surveillance footage
- Employment records
- Safety reports
Medical documentation is especially important in brain injury cases, particularly if you want to determine who pays your medical bills after an accident.
Your attorney will likely work with professionals who can explain the severity of your injury, your treatment needs, and how your condition may affect your future.
Determining the Value of a Long Island Brain Injury Claim
Many victims wonder how much their brain injury case is worth. The answer is that the value of your case depends on a number of factors.
Your traumatic brain injury attorney in Long Island will consider the severity of your injury, the amount of available evidence, the people or parties involved in your case, and the impact your injury will have on you moving forward when calculating the full value of your case.
Medical Expenses
Brain injuries can require extensive treatment, including emergency care, hospitalization, rehabilitation, therapy, medications, and follow-up appointments.
Some victims require ongoing medical care for years. A claim should consider both current medical expenses and future treatment costs.
Lost Wages and Reduced Earning Capacity
A brain injury can negatively affect your ability to return to the workplace or earn money as you did prior to getting hurt. Some victims may need reduced hours, job accommodations, or a complete career change.
This is why your compensation will usually include wages already lost and the future income affected by the injury.
Pain and Suffering
Brain injuries often create emotional and physical challenges that cannot be measured only through bills. Victims may experience frustration, anxiety, loss of independence, and difficulty participating in activities they once enjoyed. A lawyer helps present the full impact of the injury.
Future Care Needs
Some brain injury victims require ongoing support, including therapy, assistance at home, or other accommodations. An attorney can work with professionals to calculate these future needs and include them in a claim.
Call Chaikin Trial Group Personal Injury Lawyers ASAP for Advice From a Long Island Brain Injury Law Firm
If you sustained a brain injury, Chaikin Trial Group Personal Injury Lawyers is the one to call. Let us figure out what caused your condition, review your medical records pertaining to the incident, and collect the accident evidence we need to support your claim.
We also have the means to handle conversations with insurance companies and pursue the amount of financial recovery that reflects the true impact of your injuries. At our law firm, you can expect to receive personalized legal guidance from a team that understands your situation.
Our Long Island brain injury attorneys understand that brain injuries can affect your professional life, personal relationships, and overall independence in ways others might not recognize. The sooner you contact us, the sooner our firm can start working on your case. Contact us today!
